What is the name of your state? FL
I received a copy of a dated motion and certificate of service to OC. One of the motion's goals was to "stay" a court order requiring payments to OC and former spouse as it was a motion to abate. Upon reading the motion I noted several material misstatements of fact and immediately sent an edited motion to my atty. Atty several weeks later sent an amended motion to me for review. Some of the original errors still existed and I sent another edited version to atty. Two weeks later I received another version of the motion except this time it required me to verify via notary. Unfortunately, there were still some minor errors. Due to the fact I was verifying the truth and validity of the motion, I edited the errors, had it notarized and sent to atty's office. (Time elapsed had been over 2 mos since initial motion was filed. In the interim, OC had filed a motion for atty fees for frivilous litigation.) Atty sent letter stating she was withdrawing because I did not follow her guidance due to editing of the motion. Said she was keeping all monies paid to-date and the retainer paid up front. Stated she would refund all but the retainer if I would sign a form releasing her as my atty.
Just prior to receiving the withdrawing letter, I accessed the Court's website and noted there had been NO original motion filed. I asked and was told it was sent back because there was no fee attached. I asked how can we amend a motion that was never filed? Atty said because original was sent to OC it is the procedure (file an amended motion). Asked, if original motion was to stay the order to pay and it wasn't filed, aren't I now in contempt? No response! Noted atty has not filed motion to withdraw as of yet (two weeks later).
Suggestions? Do I draft letter to Court explaining and file the "amended" motion? I can't believe the state bar would think this is appropriate conduct, is a complaint justified?
What is the name of your state?
I received a copy of a dated motion and certificate of service to OC. One of the motion's goals was to "stay" a court order requiring payments to OC and former spouse as it was a motion to abate. Upon reading the motion I noted several material misstatements of fact and immediately sent an edited motion to my atty. Atty several weeks later sent an amended motion to me for review. Some of the original errors still existed and I sent another edited version to atty. Two weeks later I received another version of the motion except this time it required me to verify via notary. Unfortunately, there were still some minor errors. Due to the fact I was verifying the truth and validity of the motion, I edited the errors, had it notarized and sent to atty's office. (Time elapsed had been over 2 mos since initial motion was filed. In the interim, OC had filed a motion for atty fees for frivilous litigation.) Atty sent letter stating she was withdrawing because I did not follow her guidance due to editing of the motion. Said she was keeping all monies paid to-date and the retainer paid up front. Stated she would refund all but the retainer if I would sign a form releasing her as my atty.
Just prior to receiving the withdrawing letter, I accessed the Court's website and noted there had been NO original motion filed. I asked and was told it was sent back because there was no fee attached. I asked how can we amend a motion that was never filed? Atty said because original was sent to OC it is the procedure (file an amended motion). Asked, if original motion was to stay the order to pay and it wasn't filed, aren't I now in contempt? No response! Noted atty has not filed motion to withdraw as of yet (two weeks later).
Suggestions? Do I draft letter to Court explaining and file the "amended" motion? I can't believe the state bar would think this is appropriate conduct, is a complaint justified?
What is the name of your state?
